High Court · 2025

Petition underSection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to rebuild the retain wall/bund on the Sagar Canal as well as reopen the out let on the Domalakunta Cheru in the on the northern side of the petitioners lands in survey numbers 151a, 161a,221a, 116,,118ia, and 15.11a1, and reopen the outlet of Domalakunta Cheruvu in survey number 13 at Mallepalli Village, Kusumanchi lVandal, Khammam Districtin the inteiest of justice. :i;:',i, !; !:4: .. i=;a. a,r, ,, Counsel for the Petitioner : Ms.SUMITA, rep., SRI P.RAMA SHARANA SHARMA Counsel for the Respondents No.1to4 : SRI H.RAKESH KUMAR, AGP FOR REVENUE j':i.: , Counse! for the Respondents No.5 : Ms.SWATHI, GP FOR IRRIGATION Counsel for the Respondents No.6 : The Court made the following: ORDER a .-r :i C,1 I I i I t i i I i ! I THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.819O OF 2O2L ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: o.....to pass c;tt order or direction or utrit in the natttre of Mandamus dulg declaring tlrc action of the respondent AIos.3 to 6 in brea.king the Sagar Canal retain Wallslbund., ott the northern side of the petitioners land, ln Sy..hlos. 15/a, 16/a, 22/a, 776, 778/a, and 757/a7, and closing the outlet of Domalakunta Chenuru in Sy..l\Io.IS at Mallepalli uillage, Kusunlanchi Manda\ Khammam Distrlct and therebg allowing the petitioners lo;nd get drenched. due to ouer flout of waters from the aboae sald. acts, and. not considerlng the representations of tle utrit petitioner's crs illegal" arbitrary and against the preinciples of natural justice and consequentlg, direct the respondents to rehdld the retain utalllbund. on the Sagor Canal q.s well q.s reopen the out let on the Domalakunta Chenuru ln the q.booe mentioned sunteg numbers in the interest of Justice and to p6rss such otlrcr and further orders...'

2. Heard Ms. Sumita, learned counsel representing Sri P.Rarna Sharana Sharma, learned counsel for the petitioner and Sri Rakesh Kumar, learned Assistant Government Pleader appearing for Revenlle for respondent Nos. t to 4 and Ms.Swathi, learned Assistant Government Pleader for Irrigation appearing for respondent No.S. Perused the material available on record. \ -\ d4"?

2.1. The petitioner is the owner and agricultural 1and to an extent of Ac.OS.OO in Sy.Nos. 1 5 /a, L6 / a, 22 / a, L1-6 /a, LIB / a and L57 / al, situated at Mallepalli village, Kusumanchi Mandal, Khammam Division and District, having inherited the sarne frorn his forefathers and eking livelihood by cultivating the said land. The petitioner submits that on the southern side of the petitioner's land there is a small water bund called "Domalakunta chemvu" and on the southern side of the said Domalakunta cheruvu, there is an outlet and the excess water in the said Chemvu will flow from the said outlet so that the said cherr.vu will not breach to the adjoining agricultural lands. While so, the side walls of the Sagar Canal, has been cut by respondent No.6 for the purpose of filling the waters into the Domalakunta CheruvLL and the outlet has been closed due to which the Domalakunta cheruvu has been over flown and the waters have been breaching on the northern side, thereby the drenching the entire land of the petitioner. The petitioner cornplained that in order to increase the fishing activity in the said Cheruvu, closing of the outlet is not just and proper. Therefore, inspite of giving several representations, the respondents a.re not / : re-build and retain the walls/bund on ttre Sagar Canal and to re-open the Domalakunta Cheruvu in survey No.13, there is no response from the respondents. Hence, the present Writ Petition.

3. Learned counsel for the petitioner subrnits that the respondents have failed to properly m€rnage the Sagar Canal, due to which overflow of water onto the petitioner's downstreuum. land, thereby darnaging the crops raised by the petitioner in his lands. It is further submitted that there is an outlet in the Domalakunta Chefuvu meant to release excess water and prevent breaches into adjoining agricultural lands. However, due to poor maintenance, water from the Sagar Canal is leaking into the petitioner's land. The petitioner, who depends on this land for his livelihood, therefore he seeks appropriate directions to the respondents to close the leakage and prevent further damage, without resorting to any illegal or arbitrary action.

4. On the other hand, learned Government Pleader submits that the grievance raised by the petitioner has already been redressed by taking necessarJr action with respect to the Sagar Canal. The respondents, however I have no objection to follow any appropriate directions being issued by this Court. ,r')

5. In view of the above, as it is brought to the notice of this court that the grievance of the petitioner has already been addressed, no carlse of action survives. However, at this juncture, this court deems it appropriate to direct the petitioner to make a fresh representation to respondents, if any grievance still exists. Upon such representation being made, the respondents are directed to examine the sarne and take appropriate action in accordance with law, as expeditiously as possible. 6- with the above direction, the present writ petition is disposed of. No costs. As a sequel, miscellaneous petitions, pend.ing if any, shall stand closed. To, //TRUE COPY/

1. The Principal Secretary (Revenue) Secretari Hyderabad. ., \ S K.BHAVANI SWAMY SISTANT REGISTRAR OFFICER elangana State ,

2. The District Collector, Khammam District, Khammam. 3. The Revenue Divisional Officer, Khammam District, Khammam. 4. The Tahsildar, Kusumanchi lr1andal, Khammam District. 5. The Chief Engineer, lrrigation Department, Khammam. 6. ].ne Qe.c1gJary, Gram Panchayat of Mallepalli, tVlallepalli, Kusumanchi :" t [/andal, Khammam District 7- one cc to sRl P.RAMA SHARANA sHARtvA, Advocate. Iopucl 8. Two ccs to GP FoR REVENUE, High court'ior the state of retangana a;1;;.; i.. i.. i. i., '':.ri.; . [OUT] PTo i''r t w.' ,-:y I t, i i 1

9. Two CCs to GP FOR at Hyderabad. [OUT]

10. fwo CD Copies. BSK. i TKS ; e lRRlcATlON, High clrn f.l. the State of Telangana i ,}, i- E +: i, .l i :,':'rl' ": t: i: 1:. I I HIGH COURT DATED:2510812025 \ l ORDER I WP.No.8190 of 2021 I i,) ( * 't ll L:- :; ,-,f{: 1 I sEc zfffi S$rr,q;i-r.l-'j {. i 7 + :i :, .| DISPOSING OF THE WITHOUT COSTS WRIT PETITION i r,. .,--. .'. t tl "; ?; 'r: :! ;': . :,:: - : ], .1..' "t. f ^l ;.: ":': .r' tl ,,.|jj t i @ 1 ft&i i1r"\z{i l B t